HARSHA ESTATES, REP BY ITS MANAGING PARTNERSHIP M SHIVABHAGYAM & 3 OTHERS Vs. P KALYANA CHAKRAVARTHY

JUDGEMENT

(1.) These appeals arises against the common orders passed in applications filed in three suits wherein viz; C.S.Nos.197 to 199/2007. The learned Single Judge has in effect revoked the leave granted to the plaintiff to file the suit and has also rejected the plaint in the suits filed by the plaintiffs by a common order dated 23.11.2016.

(2.) For the sake of convenience, the parties shall be addressed as plaintiffs and defendants in these appeals.

(3.) The plaintiffs filed three suits for the relief of Specific Performance and Consequential Permanent Injunction based on three independent agreements of sale dated 08.08.20016 entered into with the defendants. The property in question are vacant lands which are situated at Puduvoyal Village, Gummidipoondi Taluk. Initially, the suit was decreed ex-parte by a ex-parte judgment and decree dated 19.02.2009, and the plaintiffs pursuant to the ex-parte decree also deposited the balance sale consideration as directed by this Court. The plaintiffs also filed execution petitions for getting the sale deed executed in their favour. Subsequently, the defendants filed an application to set aside the ex-parte decree with delay and those applications were allowed and the written statement filed by the defendants was also taken on file. Originally, defendants 1 and 2 were the only parties to the suit as owners of the property. Subsequently, the property was alienated to Om Sakthi Agencies which was impleaded as the 3rd defendant and there was further alienation in favour of Mahendra World City Developers who in turn transferred the property to their sister concern Mahendra Industrial Park. The plaintiff took steps to implead these subsequent purchasers also and notice was ordered to these entites. In the meantime, the defendants in the suit filed applications for the revocation of leave in A.Nos.3562 to 3564 of 2010 and for rejection of plaint in A.Nos.4437 to 4439 of 2015. All these applications came to be allowed by a common order dated 23.11.2016.